Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-10-03
The New Age Retained by Burns.


ment for Burns, and capital for the dem
ocratic party. 1t has done neither. Both
of these clients may well exclaim with
Falstaff: Call you that backing of your
friends? plague on such backing" The
action of the superior court in the Burns
case needs no defense at our hands. The
charge of the Judge has spoken with clear
ness and directness to the common under
standing and honest thought of all, and
has met with response throughout New
England and elsewhere SO emphatic in its
approval and regardless of political affil-
iations, that the New Age seems to be ex-
asperated and bewildered. With its in
stinctive tendency. however, to proffer
sympathy and give countenance to the
disturbing elements of society. it hastens
to renew its malignant assault upon the
integrity Of the courts of our State and to
ascribe the conviction of Burns to the
necessities of the republican party" But
it will require authority more weightv and
respectable than that OF the New Age to
convince any but the most lawless portion
of the community, that the ruling in that
case was in violation of any settled prec-
edent, sound law or good morals. We
have the best legal opinions in the State
that the very cases paraded in the New
Age fully and exactly corroborate the state.
ment of the Judge in the charge that "the
precise question presented here has never
been directly involved in any decision OF
the State or federal courts, or il directly
involved, has never been considered and
determined by the court" We are in
formed that if the New Age had lawyer
on its staff, it would, if honest, readily
discriminate between seeming precedents,
which offer only incidental discussions or
illustrations of the point in controversy,
and real ones which contain distinct
and direct determination OF the
point 1t would know that those
only are recognized by the courts
as precedents, in which the precise
question has been necessarily involved in
the decision, and considered and express
ly settled by the court. 1t would know
that there is not a case in America answer
ing these requirements of precedent
with respect to the matter under consider
alton. Indeed, without larger on its
staff, 1t probably does understand that there
is on settled "preceden" against the doc
trine laid down in the superior court; but
it makes the hypocritical pretense OF beng
shocked because the court had the cour-
age to embody its conviction in charge
to the jury upon great moral question:
when there was no settled precedent In
tauor of the ruling! The Age ought not
to be ignorant of what is matter OF COM
mon knowledge, that only ruling III
taror of the State would advance Grim
inal case to the courts of last resort, and tha'
unless some court took the responsibility
of rendering such a decision, the question
could never be determined, and no prece-
dent could ever be established. But we had
not supposed it to be such startling IN
novation tor a court to rnle without pre-
cedent. We have often been told that the
boasted excellence OF the law consisted
largely in its marvellous tlexibillty ana
power of adapting itself to the more en-
lightened views, and the new social con
ditions and development OF progressive
civilization and we have supposed that
Judge who had not sufficient intellectual
grasp. comprehension OF principles OF
manly independence to act without mus
ty precedent, when action was demanded
by the highest law known to individuals
and States. the law of self-preservAtlon,
would be unworthy of his position.
Under these circumstances this gross
partisan attack upon our courts by the
New Age, is devoid of every element OF
Justice and decency 1t could only ema-
nate from sheet the management OF
which is dominated by the pure spirit OF
the demagogue. Solitary and alone
among our exchanges, so far as we have
observed, the New Age seeks to pervert
this question of social welfare and good
government, to the uses and abuses OF
partisan politics. Possibly this is largely
from force of habit and to keep in practice,
as Barere is said by Macaulay to have
been such an ambitious liar, that he fire.
quentlv lied without other motive than
solely to keep his hand in" But the
people have learned what estimate to
place upon the consistency and sincerity
of purpose of this reckless and ill-man-
nered sheet. They do not forget its ludi-
crous attempt to masquerade, not long
since under the garb OF Temperance re-
form" But when it found that public OF
ficers insisted on doing their duty without
its assistance or advice. it abandoned that
distastelul role for the more congenial
one of captious critic and blackgnard
Later on it threw off all disguise and ap'
peared in its true character as zealou;
defender of the revenue officers in theiI
violations OF duty to obstruct the operation
of our temperance laws, as the open apol
A. ~